(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM CONTRACTOR. Any person who engages in a business that sells, installs, monitors, maintains, alters, repairs, replaces, services or responds to alarm systems at a protected premises or premise to be protected on an emergency basis and not as a full-time security guard; but shall not include a person, firm or corporation that only manufactures alarm systems or sells alarm systems from its place of business and does not sell, install, monitor, maintain, alter, repair, replace, service or respond to alarm systems at the protected
premises or premise to be protected or an electrical contractor who repairs or services alarm systems on an “emergency call-in basis.”
ALARM BUSINESS. Any person, firm, association or corporation which engages in the alarm contractor business and which employs one or more persons in conducting such business.
ALARM SYSTEM. Any system which triggers an audible, visible or remote signal that requires a response and is designed for the prevention or detection of intrusion, entry, theft, vandalism or trespass. Vehicle alarms are excluded from this section unless such alarm is attached to an alarm system as defined by this section.
ALARM USER. The person, firm, partnership, association, corporation, company, residence, or organization of any kind, in control of the premises in which an alarm system is maintained.
BURGLAR - TROUBLE ALARM. An alarm designed to notify the police department of an unauthorized intrusion or other unknown trouble.
DIRECT DIAL SYSTEM. A telephone device or telephone attachment which automatically relays a prerecorded message to report a robbery, burglary, holdup, or other trouble by means of telephone line.
FALSE ALARM. Any alarm system signal that requires a response when an emergency situation does not exist, but does not include an alarm caused by violent conditions of nature, power outages or other extraordinary circumstances not reasonably subject to control by the alarm business or the alarm user.
HOLDUP - PANIC ALARM. An alarm designed to notify the police department of a robbery or other serious criminal act.
(B) Installation of alarms.
(1) Alarm business. It shall be unlawful for any person to engage in an alarm business within the city in violation of the provisions of this section and without obtaining a valid private alarm contractor agency certification from the state.
(2) Alarm contractor. It shall be unlawful for any person to work as an alarm contractor within the city in violation of the provisions of this section and without obtaining a valid private alarm contractor's license from the state.
(a) This section shall not prohibit a resident or business operator from installing an alarm on any building or structure in which they occupy. They must, however, comply with the provisions of this section.
(b) Alarms installed within the city shall conform to all the applicable standards of the Underwriters' Laboratories.
(3) Testing of equipment. No alarm system designed to transmit an alarm directly to the police department shall be tested or demonstrated without first receiving permission from the police department. Permission is not required to test or demonstrate alarm devices not transmitting an alarm directly to the police department, unless the alarm will be relayed to the police department by a third party.
(4) Failure to notify the police department prior to testing an alarm system shall constitute a false alarm.
(5) An application for burglar alarm service shall pay all costs and expenses incidental to connection and shall set a contract period from the period of its inception.
(C) Duties of alarm users.
(1) Alarm users shall:
(a) Maintain the alarm system and the premises where it is installed in a manner that will minimize or eliminate false alarms.
(b) Provide the police department with a list of the names, addresses and telephone numbers of at least three persons who have the ability to reset the alarm system and secure the premises where it is installed in the event of a false or actual alarm. Alarm users will insure the list is kept current.
(c) Respond, or have a representative respond, to the alarmed premises within a reasonable length of time, once notified by the police department to do so, for the purpose of deactivating an alarm system, and/or to provide access to the premises for police department personnel, and/or to provide security for the premises. For the purpose of this section a reasonable length of time will not exceed 60 minutes from the time of notification to the alarm user.
(d) Make every effort to insure false alarms are not transmitted.
(e) Be responsible for properly training their personnel in the operation of their alarm system and insure they comply with the provisions of this section.
(2) It shall be a violation of this section to connect any direct dial system to any police department or dispatch center telephone line. Direct dial systems may be connected to the alarm business, which will be required to make a reasonable effort to insure that false alarms are not transmitted to the police department or dispatch center.
(D) Alarm user license fee/application.
(1) License required. It shall be unlawful for any person, firm, partnership, association, corporation, company, residence or organization of any kind to lease, use, or own an alarm system or to be in control of a premises where an alarm system is operated or maintained without first having obtained a license from the city. Applications containing incorrect information shall be denied.
(a) A one-time license application fee of $25 for each alarm user license. When a building is sold with an existing alarm system, the new owner is required to apply for an alarm user's license.
(b) Unlicensed alarm users will be fined $50 for each day they are unlicensed in addition to any fines imposed under the provisions of division (E)(4) of this section.
(2) Application for license. An application for an alarm user license shall be filed with the City Clerk and shall contain the following information:
(a) The name and address of the applicant.
(b) The name and address of the premises where the alarm system is located.
(c) The names, addresses and telephone numbers of at least three persons who could be contacted to deactivate the alarm system.
(d) The name, address and telephone number of the person, firm or corporation authorized to deactivate the alarm system in the event the persons described in division (D)(2)(c) above cannot be contacted.
(e) The name, address and telephone number of the person, firm or corporation that installed the alarm system and the person, firm or corporation responsible for the maintenance and repair of the alarm system.
(3) Incomplete applications will be returned to the alarm user. No license shall be issued until a complete application is received.
(E) (1) Issuance of licenses. The City Clerk shall issue a license for an alarm user within 15 days of receiving the completed application and application fee. Prior to the issuance of the license, the Chief of Police may examine the application, the premises, and/or the individual alarm system as is deemed necessary.
(2) Updating alarm system application. Alarm users are required to amend their alarm system license application within 14 days of any change to the information required.
(3) Local alarm deactivation requirements. Alarms employing an audible signal shall not sound for more that 15 continuous minutes when such audible signal can be heard in a residential area. An alarm system may be immediately disconnected if the maximum time is exceeded or if the alarm sounds more than four times in any 60-minute period.
(4) False alarm; additional charges.
False Burglar - Trouble Alarms. When an alarm user's alarm system has transmitted more than five false burglar - trouble alarms within one calendar year (January 1 through December 31) the alarm user shall be subject to the following additional charges:
6th-10th false alarm $ 25 per false alarm
11th-15th false alarm 50 per false alarm
16th-20th false alarm 75 per false alarm
over 20 false alarms 150 per false alarm
(F) (1) False Holdup - Panic Alarms. When an alarm user's alarm system has transmitted more that three false holdup - panic alarms within one calendar year (January 1 through December 31) the alarm user shall be subject to the following additional charges:
4th-6th false alarm $ 50 per false alarm
7th-10th false alarm 150 per false alarm
10th-14th false alarm 200 per false alarm
over 15 false alarms 500 per false alarm
(2) Burglar - trouble and holdup - panic alarms will be considered separate from one another. The above charges shall be paid to the city within 30 days from the date of invoice/citation.
(3) Each alarm user licensee may, within 14 days after receipt of notice of additional charges, have the opportunity to show cause as to whether circumstances exist to warrant a voiding of the false alarm occurrence. The alarm user may submit a report to, or meet with, the Chief of Police for this purpose. The decision of the Chief of Police as to whether a false alarm occurred shall be final.
(4) No false alarms will be recorded within 15 days of the date of installation of a new alarm system.
(G) License revocation.
(1) When evidence of failure to comply with the requirements of this section exists, the Chief of Police is authorized to demand that the alarm user and/or alarm business disconnect the alarm system until these requirements are complied with.
(2) An alarm user of any alarm system shall be subject to license revocation as follows. If police department records show 25 or more false alarms within one calendar year for any alarm system or if an alarm user fails to pay the fees assessed for false alarms:
(a) The Chief of Police shall notify the alarm user at the alarm system address provided in the license application by personal service, that the alarm user's license is to be revoked 20 days from the receipt of the notice.
(b) Upon receipt of notice, the alarm user shall have 15 days to submit the actions taken or to be taken, to the Chief of Police, to discover and eliminate the cause of the false alarms, and request a repeal of the revocation of the alarm user's license. The actions may be submitted to the Chief of Police in writing or by meeting with him personally.
(c) If the Chief of Police determines the action taken will substantially reduce the likelihood of false alarms, he shall notify the alarm user that his request has been approved and that the alarm user's license will not be revoked.
(d) The Chief of Police may impose reasonable restrictions and conditions upon the alarm user, and the restrictions and conditions shall be stated in writing. In addition, the alarm user shall be assessed additional charges for each false alarm which occurs during the remainder of the calendar year as outlined under divisions (E)(4) and (F)(1) above, and the alarm user shall be responsible for paying the charges in accordance with the provisions of this section.
(e) Should the Chief of Police determine that due to the nature of the alarm user's business or the complexity of the user's alarm system, continued false alarms may occur and that such future alarms may not be the result of any substantial negligence or disregard on the part of the user, the Chief of Police may permit the user to retain his license without processing a revocation thereof. In that event, the user shall be assessed additional charges for false alarms that occur during the remainder of the calendar year as outlined under divisions (E)(4) and (F)(1) above, and the user shall be responsible for paying same according to the provisions of this section.
(f) Any alarm user whose license has been revoked may have their connection to the police department terminated. If the Chief of Police elects not to disconnect the alarm, the alarm user shall be charged $500 for each response after the alarm user's license has been revoked.
(H) Time for compliance. Any person, firm or corporation with an existing alarm system shall have 30 days after the effective date of this section to file an application for an alarm system license.
(I) Liability of city. The city, the police department and its agents, shall incur no liability for damages that may result when the police department demands that an alarm user disconnect their alarm system due to false alarms or when the police department no longer responds to a premises where false alarms have occurred and the alarm user has been advised that there will be no police response.
(J) Penalties. In addition to any fees or fines established in this section, any person, firm or corporation convicted of a violation of any of the provisions of this section shall be fined not less than $25 nor more than $250 for each offense. Each day such violation continues shall be considered a separate offense.
(Ord. 0-12-78, passed 6-6-78; amend. Ord. 0-37-85, passed 11-19-85; amend. Ord. O-06-95, passed 3-7-95; amend. Ord. O-16-96, passed 5-7-96)